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(영문) 수원지방법원 성남지원 2015.06.18 2015고단48
대부업등의등록및금융이용자보호에관한법률위반
Text

1. As to the crime of Category 1 or 2 of the judgment of the defendant, a fine of KRW 5 million shall be imposed on the crime of Category 2 of the judgment of the defendant.

Reasons

Punishment of the crime

On July 6, 2011, the Defendant was sentenced to one year of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (joint injury) at the Sungwon District Court’s Sungnam branch on September 8, 201, and the judgment became final and conclusive on September 8, 201, and completed the enforcement of the sentence on November 27, 201.

1. Any person who intends to operate a unregistered credit business shall register with the Special Metropolitan City Mayor, Metropolitan City Mayor, Do Governor, or Special Self-Governing Province Governor, having jurisdiction over the relevant place of business;

On October 2009, the Defendant, without registering with the Governor of the Gyeonggi-do, loaned KRW 30 million to the obligor D with the interest of KRW 48% per annum from the Hanam-si Seoul Special Metropolitan City, and loaned KRW 20 million per annum to the obligor E on November 2009, subject to the obligor E with the interest of KRW 60% per annum.

2. Where a credit service provider, which has not received interest exceeding the interest rate, lends a loan, it shall not receive interest exceeding the interest rate of 30% per annum;

A. As described in paragraph 1, the Defendant received interest exceeding 30% per annum from the above Party C from January 18, 2010 to May 31, 2010, such as lending money to the obligor E, and receiving 60% interest per annum of 1 million won per annum from January 18, 2010.

B. As described in paragraph 1, the Defendant received interest exceeding 30% per annum from the said D from February 2, 2010 to January 26, 2012, as indicated in the [Attachment Table] 2, 4, 6, 8, 10 through 25, such as lending money to the obligor D and receiving KRW 80,000 per annum from the said D.

Summary of Evidence

1. Defendant's legal statement;

2. Each police statement of E and D;

3. Investigation and cooperation meetings (verification of whether to register credit business), report on internal investigation (the part on payment of interest for the victim E), and report on internal investigation (additional confirmation of details of interest payment for the victim E);

4. Copies of each passbook, and the inquiry sheet requesting the details of transactions from each request and the ledger of received copies;

5. Previous convictions in judgment: Criminal records.

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